Agenda and minutes

The evacuation procedure was noted.

There were no declarations of interest.

To approve the minutes of the last meeting held on 13 February 2023

Consideration was given to the minutes from the General Licensing Committee meeting which was held on 13 February 2023

AGREED that the minutes be approved and signed as a correct record by the Chair.

Members were presented with and asked to consider a report which would allow officers to suspend driver licences with immediate effect under the provisions of Section 61(2B) of the Local Government (Miscellaneous Provisions) Act 1976 in relation to a driver’s medical fitness where public safety was deemed to be a relevant consideration.

In line with DVLA guidelines, the Council applied the DVLA Group 2 driver standards for the medical fitness of hackney carriage and private hire drivers.  This was a higher medical standard than that required of drivers of other motor vehicles and was required due to the length of time the driver may spend at the wheel and the responsibility they had for the safety of their passengers and the public. A medical assessment was not needed for those with a provisional or current HGV entitlement on the understanding a medical examination had already been carried out to gain this entitlement.

As well as medical assessments carried out to DVLA Group 2 driver standards, officers also used the Department for Vehicle Licensing Authority (DVLA) document: Assessing Fitness to drive a guide for Medical Professionals.

It was proposed the power to suspend a driver licence relevant to public safety and with immediate effect under the provisions of Section 61(2B) of the Local Government (Miscellaneous Provisions) Act 1976 be delegated to officers when:

- medical information was received meaning a driver did not currently meet group 2 DVLA medical standards

- concerns over a drivers ability to meet group 2 medical standards were raised and a medical assessment must be arranged

- notification of medical status was received and the DVLA guidance document to assess medical fitness stated a licence should be suspended

- any refusal to undertake or provide a compliant medical assessment.

The proposed delegation streamlined the decision and administration process to ensure public safety as agreement of a delegated decision could take 48 hours. In addition, this immediate suspension process could be used outside of the office environment, when producing a written delegated decision was impractical.

The proposed delegation would mirror the delegation agreed by this committee in March 2020, to allow the immediate suspension of a driver licence when a positive drug screening sample was given or a refusal to provide a specimen of saliva for a drug screen sample.

There had been no adverse issues from this current practice, any individual who had been suspended under the delegation had returned a positive back to lab sample and had then had their licence revoked.

Brief discussion was had around how officers made the decision to suspend. Officers explained a decision would be made following the receipt of relevant information and was not based on officers opinion.

A vote took place and the proposed officer delegation was agreed.

RESOLVED that members agree to allow officers to suspend driver licences with immediate effect under the provisions of Section 61(2B) of the Local Government (Miscellaneous Provisions) Act 1976 in relation to a drivers medical fitness where public safety is deemed  ...  view the full minutes text for item GLC/54/22

RESOLVED that under Section 100A(4) of the Local Government Act 1972 the public be excluded from the meeting for the following items of business on the grounds that they involved the likely disclosure of exempt information as defined in paragraph 1 of Part 1 of Schedule 12A of the Act.

Members were asked to consider and determine an application for a combined hackney carriage and private hire driver licence, from applicant - 154307 who had a relevant conviction which did not meet current Transport Policy.

Applicant - 154307 attended the meeting and was given the opportunity to make representation.

Committee papers and reports had been provided to all relevant parties prior to the meeting. 

The report detailed the following:

- a copy of applicant – 154307’s application which contained a DVLA check code, showing no live DVLA endorsements

- a copy of a recorded interview dated 15 December 2022 between applicant – 154307 and licensing officers

- a copy of a Subject Access Request (SAR) to Cleveland Police to gather further information on applicant – 154307

- a copy of a recorded interview dated 7 March 2023 between applicant – 154307 and licensing officers.

The Chair introduced everyone present and explained the procedure to be followed during the hearing.

Members of the Council’s General Licensing Committee considered the above matter, full details of which appeared before the Members in their agenda and background papers.

The committee noted that as part of the application process, applicant - 154307 completed an enhanced Disclosure & Barring Service Certificate (DBS) which showed three convictions. All convictions were for ‘breach of non- molestation order’, which were on 25 March 2020, 1 April 2020, and 17 April 2020. Applicant - 154307 explained during interview, and to the committee, that those convictions were due to applicant - 154307 writing three letters to his wife, requesting permission to see his children.

Applicant - 154307 also provided a Subject Access Request (SAR) which showed offences of ‘Battery’ on 14 June 2019, ‘Common Assault’ 24 December 2015 and ‘Assault Occasioning Actual Bodily Harm’ 24 December 2015, all of which applicant – 154307 had received No Further Action (NFA) by the Police.

In the licensing regime, convictions could always be taken into consideration, regardless of the amount of time that had passed. Applicant - 154307 gave assurances to the committee that he was a fit and proper person and that they could trust him to be a responsible licensed driver.

The committee took note of applicant – 154307’s history of domestic issues and previous arrests but were satisfied that he was a fit and proper person to hold a licence. The committee determined to place their trust in applicant - 154307 and grant his combined hackney carriage and private hire driver’s licence once all necessary stages of the application process had been completed.

RESOLVED that applicant – 154307 be granted his combined hackney carriage and private hire driver’s licence once all necessary stages of the application process had been completed.

Members were asked to consider and determine the continued fitness of a licensed hackney carriage and private hire driver who had been involved in a physical altercation on a taxi rank.

Combined hackney carriage and private hire driver – 001223 and his son and legal representative Mr Ross attended the meeting and were given the opportunity to make representation.

Committee papers and reports had been provided to all relevant parties prior to the meeting. 

The report detailed the following:

- a copy of a recorded interview with combined hackney carriage and private hire driver – 001223

- a copy of a letter to combined hackney carriage and private hire driver – 001223 containing details of his CRB check from May 2011

- a copy of a letter of complaint about combined hackney carriage and private hire driver – 001223.

The Chair introduced everyone present and explained the procedure to be followed during the hearing.

At the beginning of the committee hearing, documents provided by Mr Ross in support of combined hackney carriage and private hire driver – 001223 were circulated to all parties. These included witness statements, one of which was stated to be from the other male involved in the altercation with combined hackney carriage and private hire driver – 001223.

Members of the Council’s General Licensing Committee considered the above matter, full details of which appeared before members in their agenda and background papers.

The committee noted that the matter before them was to determine combined hackney carriage and private hire driver – 001223’s fitness to drive Hackney Carriage and Private Hire Vehicles.

The committee heard that combined hackney carriage and private hire driver – 001223 had held a combined hackney carriage and private hire vehicle licence since before 2003. The committee noted that the matter was before them due to combined hackney carriage and private hire driver – 001223 being involved in a physical altercation with a member of the public at a taxi rank on Stockton High Street on 8th January 2023, at approximately 18:50.

The committee heard from the licensing officer that during the incident, combined hackney carriage and private hire driver – 001223 could be seen on CCTV footage getting out of his vehicle and pushing a male to the ground, after the male lunged at the window of combined hackney carriage and private hire driver – 001223’s vehicle. The committee heard that once the male got to his feet, he appeared to have stumbled towards combined hackney carriage and private hire driver – 001223, who can be seen knocking the male to the ground with force.

The committee noted that information provided from Cleveland Police showed that they recorded combined hackney carriage and private hire driver – 001223 as the victim of the incident, not the assailant.

Mr Ross presented the case on behalf of combined hackney carriage and private hire driver – 001223. 

Mr Ross explained to the committee that he could not see any part of the transcript of interview where  ...  view the full minutes text for item GLC/57/22